Current through Reg. 50, No. 13; March 28, 2025
(a) Purpose. The
purpose of this section is to implement Public Utility Regulatory Act (PURA)
§52.155, which addresses the usage sensitive intrastate switched access
rates that can be charged by a telecommunications utility that holds a
certificate of operating authority (COA) or a service provider certificate of
operating authority (SPCOA) (COA/SPCOA).
(b) Applicability. This section applies to
usage sensitive intrastate switched access rates of COA/SPCOA holders,
including but not limited to, originating and terminating carrier common line
(CCL), originating and terminating local switching (LS), originating and
terminating switched transport (TR), originating and terminating tandem
switching (TS), and originating and terminating tandem switched transport
(TST).
(c) Requirements for
COA/SPCOA usage sensitive intrastate switched access rates. A
telecommunications utility that holds a COA or a SPCOA may not charge a higher
aggregate amount, including any rate elements not charged by the holder of the
certificate of convenience and necessity (CCN), for originating or terminating
usage sensitive intrastate switched access than the prevailing rates charged by
the CCN holder or the holder of a COA issued under Chapter 65 in whose
territory the call originated or terminated unless:
(1) the commission specifically approves the
higher rate; or
(2) subject to
commission review, the telecommunications utility establishes statewide average
composite originating and terminating usage sensitive intrastate switched
access rates based on a reasonable approximation of traffic originating and
terminating between all holders of certificates of convenience and necessity in
this state.
(d)
Governance of Switched Access Rates under PURA Chapter 65. Notwithstanding
subsection (c), PURA Chapter 65 governs the switched access rates of a company
that holds a COA issued under PURA Chapter 65.
(e) Statewide average composite rates.
Weighted statewide average composite usage sensitive intrastate switched access
rates will be developed based upon the submission of CCN holders' compliance
filings pursuant to subsection (g) of this section.
(1) Methodology. The commission shall use the
following information and methodology for development of the weighted statewide
average composite usage sensitive intrastate switched access rates separately
for each originating and for each terminating rate element category in
subsection (g)(1) - (6) of this section:
(A)
Each CCN holder's individual rate elements' rates will be multiplied by the
total actual minutes of use (MOUs) for that rate element, producing a total
revenue for each rate element for each CCN holder.
(B) Revenues for each CCN holder's rate
element will be added to create a statewide total revenue for that rate
element.
(C) The actual MOUs for
each CCN holder's rate element will be added to create a statewide total actual
MOUs for that rate element.
(D) The
statewide total revenue for that rate element will be divided by the statewide
total actual MOUs for that rate element, producing a weighted statewide average
composite usage sensitive intrastate switched access rate for that switched
access rate element.
(E) Additional
revenues submitted under subsection (g)(8) of this section for monthly rate
elements associated with switched access shall be converted to MOU rates using
the local switching MOUs provided by the CCN holder. The converted MOU rates
shall be used to revise the weighted statewide average composite usage
sensitive intrastate switched access rates calculated pursuant to subparagraph
(D) of this paragraph.
(2) Re-calculation.
(A) The commission shall re-calculate the
weighted statewide average composite usage sensitive intrastate switched access
rates annually until June, 2010 based upon the submissions of the CCN holders,
as required in subsection (g) of this section. The commission shall endeavor to
complete such re-calculation by November 15 of each year.
(B) Any certificated telecommunications
utility may file a petition requesting that the commission re-calculate the
weighted statewide average composite usage sensitive intrastate switched access
rates at any time. The commission shall grant the petition for re-calculation
if it concludes that the petition has provided just cause for
re-calculation.
(C) As provided in
subsection (g) of this section, the commission may also require compliance
submissions by CCN holders for re-calculation of the weighted statewide average
composite usage sensitive intrastate switched access rates as appropriate
because of significant changes in usage sensitive intrastate switched access
rates or in response to the request of affected parties, as specified in
subparagraph (B) of this paragraph.
(D) After June 2010, the commission shall
re-calculate the weighted statewide average composite usage sensitive
intrastate switched access rates biennially. The commission shall endeavor to
complete such re-calculation by November 15.
(f) Approval of higher rates.
(1) A COA/SPCOA holder seeking approval of
originating and/or terminating usage sensitive intrastate switched access rates
that in the aggregate, including any rate elements not charged by the CCN
holder, are higher than the aggregate of the originating and/or terminating
usage sensitive switched access rate elements charged by the CCN holder in the
COA/SPCOA's territory may do so by filing an application with the commission
subject to the procedures outlined in Procedural Rule §
22.33 of this title (relating to
Tariff Filings). The COA/SPCOA's application must provide, at a minimum, the
following information:
(A) Cost justification
for each rate element.
(B)
Rationale for implementation of the higher rate for each rate
element.
(2) A COA/SPCOA
holder's application must address all of the applicable switched access rate
elements in subsection (b) of this section.
(3) The commission shall publish notice of
the application in the
Texas Register.(g) Requirement for CCN holders compliance
submissions. Until June, 2010, all CCN holders must provide the following
intrastate data to the commission as a compliance filing on an annual basis;
and as of June, 2010 and thereafter on a biennial basis, by September 15:
(1) The current tariffed rate for originating
and terminating CCL.
(2) The
current tariffed rate for originating and terminating LS.
(3) The current tariffed rate for originating
and terminating TR.
(4) The current
tariffed rate for originating and terminating TS.
(5) The current average per minute rate for
originating and terminating TST.
(6) The current originating and terminating
tariffed rate(s) for any other usage sensitive intrastate switched access rate
element(s).
(7) The total actual
originating and terminating MOUs for the most recent 12-month period (August 1
through July 31) for each rate element in paragraphs (1) - (6) of this
subsection that is billed on an MOU basis.
(8) The total revenues for the most recent
12-month period (August 1 through July 31) received from any switched access
monthly rate element used to transport or switch the access traffic listed in
paragraphs (1) - (6) of this subsection that may be specifically attributable
to the element identified
(e.g., local switching,
transport).
(h)
Requirements of COA/SPCOA holders compliance submissions.
(1) No later than 20 days after the effective
date of the commission order re-calculating the weighted statewide average
composite usage sensitive switched access rates, COA/SPCOA holders shall:
(A) file an application under subsection (f)
of this section; or
(B) file
compliance tariffs/price lists to be effective 10 days from the filing date of
the compliance tariffs/price lists containing originating and terminating usage
sensitive intrastate switched access rates that do not exceed the prevailing
rates charged by the CCN holder in each territory in which the COA/SPCOA holder
operates; or
(C) file compliance
tariffs/price sheets with originating and terminating usage sensitive
intrastate switched access rates that do not exceed the re-calculated weighted
statewide average composite usage sensitive switched access rates established
by the commission to be effective 10 days from the filing date of the
compliance tariffs/price sheets; or
(D) file a letter with the commission
demonstrating that no rate revisions are necessary in order to comply with this
section.
(2) If a
COA/SPCOA holder establishes usage sensitive intrastate switched access rates
pursuant to paragraph (1)(B) of this subsection and the underlying CCN
holder(s) whose rates were the basis for the COA/SPCOA holder's usage sensitive
intrastate switched access rates are modified, no later than 20 days after said
CCN holder's rates are modified, the COA/SPCOA holder shall:
(A) file an application under subsection (f)
of this section; or
(B) file
compliance tariffs/price lists to be effective 10 days from the filing date of
the compliance tariffs/price lists containing originating and terminating usage
sensitive intrastate switched access rates that do not exceed the prevailing
rates charged by the CCN holder in each territory in which the COA/SPCOA holder
operates; or
(C) file compliance
tariffs/price sheets with originating and terminating usage sensitive
intrastate switched access rates that do not exceed the most recent commission
established weighted statewide average composite usage sensitive switched
access rates established by the commission to be effective 10 days from the
filing date of the compliance tariffs/price sheets; or
(D) file a letter with the commission
demonstrating that no rate revisions are necessary in order to comply with this
section.
